Reports Describe Requests For User Information
The US Department of Homeland Security has been using administrative subpoenas to seek user information from technology companies about people who criticise the Trump administration or share posts about immigration enforcement, according to recent reports.
In several cases over recent months, Homeland Security has relied on these subpoenas to try to identify individuals who run anonymous Instagram accounts that post about Immigration and Customs Enforcement raids in their local areas. The same tool has also been used to seek information about people who criticised Trump officials or protested government policies.
Unlike judicial subpoenas, which require approval from a judge after a showing of evidence, administrative subpoenas are issued directly by federal agencies. They allow investigators to seek large amounts of information from technology and phone companies without court oversight.
What Administrative Subpoenas Can Obtain
Administrative subpoenas cannot be used to obtain the contents of emails, online searches, or precise location data. They can, however, demand information about a user such as login times, devices used, IP addresses, physical addresses, email addresses, and other identifying details linked to an account.
Because these subpoenas are not backed by a court order, companies have discretion over whether to provide the requested data. The tool itself is not new, but its use to seek information about people critical of the administration has drawn concern.
The @montocowatch Case And ACLU Response
Bloomberg reported last week that Homeland Security sought to identify the person behind an anonymous Instagram account called @montocowatch, which says it shares resources to protect immigrant rights and due process in Montgomery County, Pennsylvania. The request came during a wider federal immigration crackdown that has led to protests and criticism.
Homeland Security lawyers sent an administrative subpoena to Meta asking for the account holder’s personal information. The request cited a tip from someone outside the department who claimed ICE agents were being stalked.
The American Civil Liberties Union, which represents the account owner, said there was no evidence of wrongdoing and said recording police activity, sharing that material, and doing so anonymously is legal and protected by the First Amendment. Homeland Security later withdrew the subpoena without giving a reason.
The ACLU said the action was part of a broader effort to intimidate people who document immigration activity or criticise government actions.
Other Similar Attempts To Unmask Accounts
Bloomberg reported that the effort to identify @montocowatch was not an isolated case. The outlet cited at least four other instances in which Homeland Security officials used administrative subpoenas to try to identify people running Instagram accounts that posted content critical of the government. In those cases, the subpoenas were also withdrawn after the account holders sued to block them.
Technology companies publish transparency reports showing how many government data requests they receive, but most do not separate judicial subpoenas from administrative ones, even though the two operate under different standards.
When asked by TechCrunch, Meta spokesperson Francis Brennan did not say whether Meta provided any data related to @montocowatch or whether the company was asked for information through other means.
Washington Post Report On Google Subpoena
The Washington Post reported on Tuesday that Homeland Security also used an administrative subpoena to seek information from Google about an American retiree shortly after he sent a critical email to Joseph Dernbach, Homeland Security’s lead attorney.
The Post said the retiree had been critical of Trump during his first term, attended a No Kings rally last year, regularly takes part in protests, and writes to lawmakers, all activities protected under the First Amendment.
Within five hours of sending the email, the retiree received a notice from Google stating that his account had been subpoenaed by the Department of Homeland Security, according to the report. The subpoena sought details including the dates, times, and duration of his online sessions, his IP and physical address, a list of services used, and other identifying information such as links to credit card, driver’s license, and Social Security numbers.
Two weeks later, Homeland Security agents visited his home and asked him about the email. The agents said the message did not break any laws.
Google spokesperson Katelin Jabbari told TechCrunch that the company challenges overly broad or improper subpoenas, and said it did so in this case.
Homeland Security Position And Legal Authority
When asked by TechCrunch, Homeland Security assistant secretary Tricia McLaughlin did not explain why the department was seeking information about critics of the administration or about accounts that document ICE activity. She also did not explain why the subpoenas were withdrawn.
McLaughlin said Homeland Security Investigations has broad administrative subpoena authority under US law, citing specific statutes that allow the agency to issue such demands.
Limits Of Data Access And Role Of Encryption
Not all companies can provide detailed user data. Information protected by end to end encryption can usually only be accessed by obtaining a person’s device. Even so, many companies can still provide large amounts of information such as login locations, devices, and access patterns, which can be used to identify anonymous users.
Encrypted messaging services such as Signal have said they collect very little user data and respond to legal demands by stating they cannot produce information they do not hold.
The reliance on large US technology companies is one reason some European governments and consumers are looking to reduce their dependence on American firms. This comes at a time when senior leaders at several major US technology companies have been publicly engaging with the Trump administration.
Featured image credits: NARA & DVIDS Public Domain Archive – GetArchive
For more stories like it, click the +Follow button at the top of this page to follow us.